KUALA LUMPUR, May 3 ― It is unconstitutional to extend the Chief Justice’s tenure beyond the age of 66 years and 6 months as the Federal Constitution is clear on the prescribed age limit, the Malaysian Bar said today.

In a statement, Malaysian Bar president ​​George Varughese said that the legality of the appointment of the Chief Justice must be beyond question or reproach, and that an extension of Tan Sri Md Raus Sharif's tenure in a questionable manner would create a perception that no other candidates were up to the task.

"Part IX of the Federal Constitution dealing with the Judiciary —  ie Articles 121 to 131A — gives rise to the irresistible conclusion that, to be a member of the Federal Court (which includes the Chief Justice), it is a condition precedent that a judge must be no more than 66 years and 6 months in age,” the statement said.

George said that the Chief Justice also cannot be appointed as an "additional judge of the Federal Court” under Article 122(1A) of the Federal Constitution as such a move would be done by the Yang di-Pertuan Agong acting on the advice of the Chief Justice. 

He explained that the term "additional” denotes a judge who is not currently a member of the Federal Court and that a judge (including the Chief Justice) who is currently a judge of the Federal Court cannot be appointed as an "additional” judge.

He also said that Article 122(1) of the Federal Constitution stipulates that "the Federal Court shall consist of a president of the Court (to be styled "the Chief Justice of the Federal Court”), of the President of the Court of Appeal, of the Chief Judges of the High Courts and, until the Yang di-Pertuan Agong by order otherwise provides, of eleven other judges ​​​​and such additional judges as may be appointed pursuant to Clause (1A).”

"This wording unequivocally indicates that the Chief Justice and any additional judge must be two distinct persons; they cannot be one and the same person,” he stressed.

The Malaysian Bar president said this in response to reports that Raus' tenure as Chief Justice would be extended. Raus, who became Chief Justice on April 1, has reached the age limit of 66 this year. Prior to his appointment, he was the Court of Appeal president

"The fact that from 1965 to 2017 — for over half a century — no head of the Judiciary was ever appointed on the basis of Article 122(1A) of the Federal Constitution, is consistent with this interpretation. 

"The contributions that the current Chief Justice has made to the Judiciary are well known.  It would not be fair to His Lordship, should the pinnacle of his illustrious career become embroiled in any form of controversy,” George cautioned.